15D.04 DEFINITIONS.

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Subdivision 1.Scope.

In sections 15D.01 to 15D.18, the following words and terms shall, unless the context otherwise requires, have the meanings ascribed to them. §

Subd. 1a.Affiliate.

“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity. For purposes of this subdivision, “control” means either the power to elect a majority of the members of the governing body of an entity or the power, whether by contract or otherwise, to direct the management and policies of the entity. Affiliate also means an entity whose business or substantially all of whose property is operated under a lease, management agreement, or operating agreement by another entity, or an entity who operates the business or substantially all of the property of another entity under a lease, management agreement, or operating agreement. §

Subd. 2.Authority.

“Authority” means the Health and Education Facilities Authority created by sections 15D.01 to 15D.18. §

Subd. 3.Project.

“Project” means a health care facility or an education facility whether proposed, under construction, or completed, and includes land or interests in land, appurtenances, site preparation, landscaping, buildings and structures, systems, fixtures, furniture, machinery, equipment, and parking. Project also includes other structures, facilities, improvements, machinery, equipment, and means of transport of a capital nature that are necessary or convenient for the operation of the facility. Project does not include: (1) any facility used or to be used for sectarian instruction or as a place of religious worship; (2) any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination; or (3) any books, supplies, medicine, medical supplies, fuel, or other items, the cost of which are customarily deemed to result in a current operating charge. §

Subd. 4.Cost.

“Cost,” as applied to a project or any portion financed under the provisions of sections 15D.01 to 15D.18, means all or any part of the cost of construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project including all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or used for or in connection with a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period after completion of construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, the cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project and other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of construction and acquisition and the placing of the project in operation. §

Subd. 5.Bonds.

“Bonds,” or “revenue bonds” means revenue bonds of the authority issued under the provisions of sections 15D.01 to 15D.18, including revenue refunding bonds, notwithstanding that the same may be secured by mortgage or the full faith and credit of a participating institution or any other lawfully pledged security of a participating institution. §

Subd. 6.Institution of higher education.

“Institution of higher education” means a nonprofit educational institution within the state authorized to provide a program of education beyond the high school level. §

Subd. 6a.Health care organization.

(a) “Health care organization” means a nonprofit organization located within the state and authorized by law to operate a nonprofit health care facility in the state. Health care organization also means a nonprofit affiliate of a health care organization as defined under this paragraph, provided the affiliate is located within the state or within a state that is geographically contiguous to Minnesota.

(b) Health care organization also means a nonprofit organization located in another state that is geographically contiguous to Minnesota and authorized by law to operate a nonprofit health care facility in that state, provided that the nonprofit organization located in the contiguous state is an affiliate of a health care organization located in Minnesota. §

Subd. 6b.Education facility.

“Education facility” means a structure or structures available for use as a dormitory or other student housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, student health care facility, or child care facility, and includes other facilities or structures related to the essential or convenient orderly conduct of an institution of higher education. §

Subd. 6c.Health care facility.

(a) “Health care facility” means a structure or structures available for use in Minnesota as a hospital, clinic, psychiatric residential treatment facility, birth center, outpatient surgical center, comprehensive outpatient rehabilitation facility, outpatient physical therapy or speech pathology facility, end-stage renal dialysis facility, medical laboratory, pharmacy, radiation therapy facility, diagnostic imaging facility, medical office building, residence for nurses or interns, nursing home, boarding care home, assisted living facility, residential hospice, intermediate care facility for persons with developmental disabilities, supervised living facility, board and lodging establishment with special services, adult day care center, day services facility, prescribed pediatric extended care facility, community residential setting, adult foster home, or other facility related to medical or health care research, or the delivery or administration of health care services and includes other structures or facilities related to the essential or convenient orderly conduct of a health care organization.

(b) Health care facility also means a facility in a state that is geographically contiguous to Minnesota operated by a health care organization that corresponds by purpose, function, or use with a facility listed in paragraph (a). §

Subd. 7.Participating institution.

“Participating institution” means a health care organization or an institution of higher education that, under the provisions of sections 15D.01 to 15D.18, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in sections 15D.01 to 15D.18. Community colleges and technical colleges may be considered participating institutions for the purpose of financing and constructing child care facilities and parking facilities.

History:

1971 c 868 s 4; 1978 c 706 s 61; 1990 c 610 art 1 s 47,48; 1Sp1995 c 2 art 1 s 38; 1Sp2025 c 3 art 7 s 6,30

History: History: 1971 c 868 s 4; 1978 c 706 s 61; 1990 c 610 art 1 s 47,48; 1Sp1995 c 2 art 1 s 38; 1Sp2025 c 3 art 7 s 6,30